Hedgedale Ltd v Hards
| Jurisdiction | England & Wales |
| Judgment Date | 07 November 1991 |
| Date | 07 November 1991 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Purchas, Lord Justice McCowan and Sir Denys Buckley
Landlord and tenant - statutory tenancy - short absence - effect on joint intention
Where a person resided with a statutory tenant and both parties intended that that person would become a permanent member of the tenant's household, the fact that the tenant was temporarily absent for four months did not mean that the person was not residing with the tenant during that period for the purposes of succeeding to the tenancy on the tenant's death under Schedule 1, paragraph 3 of the Rent Act 1977.
The Court of Appeal so stated allowing an appeal by Mr Derek Hards from the decision of Judge Batterbury sitting at Bromley County Court who on February 22, 1990 made an order for possession of premises at 79 Como Road, Forest Hill, London, in favour of the landlord, Hedgedale Ltd.
Mr Hards, whose grandmother had been the statutory tenant of the premises before her death, claimed that he was a statutory tenant by succession within Schedule 1, paragraph 3 of the 1977 Act.
Mr Hards moved in with his grandmother in August 1987 to help look after her. In September 1987 the she broke her arm and went to live with her daughter to recuperate. She returned to the premises at about Christmas 1987 and lived there until her death on May 1, 1988. Mr Hards had throughout remained at the premises.
Schedule 1, paragraph 3 of the 1977 Act provides: "Where … a person who was a member of the original tenant's family was residing with him at the time of and for the period of six months immediately before his death, then, after his death that person … shall be the statutory tenant if and so long as he occupies the dwelling house as his residence."
Mr David Platt for Mr Hards; Mr Charles Salter for the landlord.
LORD JUSTICE PURCHAS said that the central issue was, what was the quality of Mr Hards' residence during the four months before the grandmother's return? The court was referred to Foreman v BeagleyWLR([1969] 1 WLR 1387) where a widow who was a statutory tenant was in hospital for the last three years of her life.
The judge there made an order for possession against the son, who at first came to air the flat but eventually took up residence for the last year of the widow's life, on the ground that he was not "residing with" his mother at the time of and for the period of six months immediately before her death.
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